South Carolina cottage food law for home bakers

The short version

South Carolina asks for no permit, license or registration to sell a home-based food, only a label carrying a fixed all-capitals statement and, if she wants to keep her address private, a department-issued number in its place.

She can sell in person, online, by mail order, or through a retail store or grocery store that stocks her product, all inside South Carolina; the law itself says the arrangement only covers sales within the state.

Registering

The rule is administered by South Carolina Department of Agriculture; the guide reads S.C. Code Ann. § 44-1-143 (2012 Act No. 190, eff. 2012-06-07; last amended 2022 Act No. 208, eff. 2022-05-23). The statute still sits in the Title 44 chapter historically administered by the Department of Health and Environmental Control, but the department's own current guidance shows the Department of Agriculture administering it today.

There is nothing to file and no fee to pay. An operation earning less than fifteen hundred dollars a year is not even covered by the law, so it faces no requirements at all; above that line, the only paperwork most bakers touch is the optional request for an identification number to print instead of a home address.

Where you can sell, and whether online counts

Selling online, by mail order, in person, or into a retail store or grocery store are all named outright in the statute, which also lets that store carry the product wholesale in its original packaging as long as it posts the same warning sign. Delivery has to stay inside South Carolina; the department's own guidance says a sale crossing the state line falls under federal rules instead.

What goes on the label

The required statement runs in all capital letters, in a color that stands out clearly from the background, alongside her name and address (or her identification number), the product's common name, a full ingredient list by weight, and a plain-language note naming any of the major allergens the food might contain.

"PROCESSED AND PREPARED BY A HOME-BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA'S FOOD SAFETY REGULATIONS."

Printed in all capital letters, in a color that clearly contrasts the background; the statute names no fixed point size

• Her name and address, or the department-issued identification number in place of the address
• The product's standard name
• Ingredients in descending order of predominance by weight
• The statement above
• Each major allergen named, or a disclaimer that the food may contain any of them

What you can bake and sell

Shelf-stable baked goods like cakes, cookies and cupcakes qualify, along with dried herbs, high-acid pies and roasted nuts. Anything that needs refrigeration or careful temperature control, like a casserole or a cheesecake, along with bottled drinks, charcuterie boards and finfish or shellfish, stays off the list.

• Allowed: Shelf-stable cakes, cookies and cupcakes, dried herbs and spices, high-acid pies and pie fillings, roasted nuts, and sourdough bread made with a commercial starter
• Not allowed: A food that needs time or temperature control for safety, such as a casserole, meat or ice cream; bottled beverages; cheesecake; charcuterie boards; hot sauce or barbecue sauce; and finfish or crustacean shellfish, which the statute bars outright as ingredients

The sales cap

South Carolina sets no cap on cottage food sales; no dollar ceiling on sales; the 2022 act raised the small-operation exemption FLOOR (below which the whole section does not apply at all) from five hundred to fifteen hundred dollars in annual net earnings.

Work out how much room you have left this year with the cottage food sales cap checker.

What changed

May 23, 2022: 2022 Act No. 208 added online and mail-order sale plus sale to a retail or grocery store, widened the eligible food list from candy and baked goods to any nonpotentially hazardous food, rewrote the retail-store provision, and raised the small-operation exemption floor from five hundred to fifteen hundred dollars a year.

Questions people ask

Do I need to register to sell cottage food in South Carolina?

No, South Carolina does not require registration. None. The law does not require a permit, license or registration to sell. If she would rather not print her home address on the label, she can ask the department for an identification number to use instead. Fee: The statute names no permit process and no fee for one; it only lets her request an optional identification number.

Has the cottage food sales cap in South Carolina changed over time?

no cap from May 23, 2022.

Can I take orders online in South Carolina?

Yes, you can take orders online. You can hand an order over in person or send it anywhere inside the state.

Can I deliver or ship cottage food in South Carolina?

Delivery is allowed. Shipping inside the state is allowed.

What does my South Carolina cottage food label need to say?

The label must say: PROCESSED AND PREPARED BY A HOME-BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA'S FOOD SAFETY REGULATIONS.

Sources

• S.C. Code Ann. § 44-1-143, Requirements for home-based food production operationsscstatehouse.gov
• SCDA, Home-Based Food Production (Cottage Law) one-page guideagriculture.sc.gov
• SCDA, South Carolina Home-based Food Production Law Guidance, v1.4agriculture.sc.gov